I really wish I didn’t have to make this post, but unfortunately, I do. Unlike many folks I encounter, I have a code of ethics and morals and I believe in true equality. Many folks seem to have this hypocritical habit of supporting things like free speech and equality only when it suits them or their interests, or only when the topic in question is not too controversial or only so long as certain people they place upon pedestals don’t object. This is not the mark of a patriot, a freedom fighter, an independent or someone worthy of support. Its the mark of a coward, a hypocrite, an imbecile and folks who ought not to have the right to inhabit our country.

I don’t hate very many people or organizations, but The Westboro Baptist Church (WBC) is one fundamentalist Christian organization I do reserve a special spot in the deep, dark bottom of my cold, dead heart for. WBC is better described as a cult and its a disgusting little organization run by a deranged lunatic who appointed himself to be a preacher named Fred Phelps. The flock is comprised mostly of members of his family. I truly hate this organization, its membership, its leaders and what it stands for.

Being a gay homosexual myself, I am one of the groups of people they have targeted. So far, I have had a couple of run-ins with this organization, the most recent of which was when they came to Moore, Oklahoma and decided to picket Moore High School. Moore has alot of gay youth, as one friend of mine so politically incorrectly observed, “Moore is where all the bottoms come from.”. There is a video about the protest that I got involved in on my YouTube channel.

Now word comes that The Supreme Court of the United States (SCOTUS) is going to hear an appeal regarding a lawsuit filed against him Phelps for WBC’s activities. One fine day in 2006, Phelps decided to picket the funeral of a dead US solider in Maine with their usual vile message of hate. The family sued WBC and Phelps and was awarded the family over $11 million in damages for emotional distress. The judge reduced the award to $5 million, then a federal appeals court threw out the award all together. The family now appeals to SCOTUS to reinstate the damages.

This is an important case because we are about set a key precedent. That family deserves the money, that I will tell you. But unfortunately, if they are awarded those funds, it will come at great expense to all of us. Because the case will not just decide if they get the money, it will decide if free speech extends to funerals. While most decent people know that a funeral is no place to make a political statement, this is not about decency – of which Phelps has none – this is about freedom of speech. As we should all be aware, the right to speech in this country includes the right to speak at times when it is not socially acceptable (at a funeral) and also the right to say unintelligent, disagreeable, stupid things (as WBC does early and often). As we should also be equally aware, rights are have often been lost by taking a well-meaning step towards silencing a highly offensive message in the name of cleaning up the public forum.

Fred Phelps is an old man, soon he will be in the ground dead and no longer voicing his hatred for all. WBC has not been very successful in recruiting new members, either. When his family dies off, so to will his church and its vile message of hate. While the message Phelps and WBC have for the world is annoying and undoubtedly painful for those who have to hear it, it is not worth gutting the first Amendment over to rid ourselves of it! If we start saying that objectionable or offensive speech is not allowed at funerals, we have just set a dangerous precedent that you can bet will be promptly extended to other areas – like churches and other religious gatherings. Will it be illegal for homosexuals to protest WBC while they are in session if SCOTUS decides in favor of the family? Thats a real possibility if SCOTUS finds in favor of this family.

Many people are going to argue that funerals are off-limits and that no one has the right to come into a funeral and make a statement. In other words, SCOTUS should find in this family’s favor because the ends (stopping people from being assholes through speech at funerals) justify the means (making it illegal to be an asshole through speech at places where such conduct is prohibited by law). In one way, they are correct. Funerals are closed events and there should be a legal right to exclude undesirables. Funerals, when held on private property as they usually are, are off-limits to anyone who does not have permission of the real property owner to come onto that private property. All that is needed is for the property owner to tell the Phelps that they are not welcome and ask them to leave. If they don’t, a phone call to the police will result in an arrest for trespassing.

But if they stand beyond the property line on public property or on the property of someone who allows them to be there, then that’s fair play. Legally, there is no sound argument to be made for silencing WBC so long as they stand beyond the property line. That wont keep them from sending their message, and the best thing to do would to be to use a very large piece of property, so that the property line is far enough away that the Phelps are out of sight and out of mind. If this case is about protecting the privacy and sanctuary of funerals, this will be an adequate fix to the problem. But I suspect alot of people want to see this family win to silence the Phelps and thats not an action that should be undertaken.

I must say that in this case, I support the right of WBC to speak because it’s a right granted to all citizens of this country – even at funerals and even when the message being spoken is morally repugnant and devoid of value. I hope that SCOTUS, with its conservative makeup, makes this connection. True conservatives tend to understand these types of arguments and will see them under the Castle doctrine, so there is hope that common sense will prevail.

We must resist the temptation to take feel-good actions in extreme cases that have far-reaching consequences. Part of not being a hypocritical coward is having the courage to defend people you truely hate when their ability to remain equal is threatened. In this case, the equality of WBC and Phelps is being threatened in a manner that threatens our collective right to free speech. This I cannot and will not be a part of supporting.